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Subjectivity, Citizenship and Belonging in Law

Author: Anne Griffiths

Publisher: Routledge

Published: 2016-10-04

Total Pages: 268

ISBN-13: 1317308131

This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Oxford Handbook of Law and Anthropology

Author: Marie-Claire Foblets

Publisher: Oxford University Press

Published: 2022-04-01

Total Pages: 993

ISBN-13: 0192577018

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The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Research Handbook on the Sociology of Law

Author: Jiří Přibáň

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 416

ISBN-13: 1789905184

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This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

The Individual in International Law

Author: Anne Peters

Publisher: Oxford University Press

Published: 2024-06-14

Total Pages: 449

ISBN-13: 0198898916

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The Individual in International Law collects the work of esteemed scholars to examine the effects of humanisation on international law, and how individual status, rights, and obligations have changed the international legal system throughout history and into the present day.

The Law of Humanity Project

Author: Ukri Soirila

Publisher: Bloomsbury Publishing

Published: 2021-07-15

Total Pages: 324

ISBN-13: 1509938923

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This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.

Citizen Subject

Author: Étienne Balibar

Publisher: Fordham Univ Press

Published: 2016-11-01

Total Pages: 416

ISBN-13: 0823273628

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What can the universals of political philosophy offer to those who experience "the living paradox of an inegalitarian construction of egalitarian citizenship"? Citizen Subject is the summation of Étienne Balibar’s career-long project to think the necessary and necessarily antagonistic relation between the categories of citizen and subject. In this magnum opus, the question of modernity is framed anew with special attention to the self-enunciation of the subject (in Descartes, Locke, Rousseau, and Derrida), the constitution of the community as “we” (in Hegel, Marx, and Tolstoy), and the aporia of the judgment of self and others (in Foucualt, Freud, Kelsen, and Blanchot). After the “humanist controversy” that preoccupied twentieth-century philosophy, Citizen Subject proposes foundations for philosophical anthropology today, in terms of two contrary movements: the becoming-citizen of the subject and the becoming-subject of the citizen. The citizen-subject who is constituted in the claim to a “right to have rights” (Arendt) cannot exist without an underside that contests and defies it. He—or she, because Balibar is concerned throughout this volume with questions of sexual difference—figures not only the social relation but also the discontent or the uneasiness at the heart of this relation. The human can be instituted only if it betrays itself by upholding “anthropological differences” that impose normality and identity as conditions of belonging to the community. The violence of “civil” bourgeois universality, Balibar argues, is greater (and less legitimate, therefore less stable) than that of theological or cosmological universality. Right is thus founded on insubordination, and emancipation derives its force from otherness. Ultimately, Citizen Subject offers a revolutionary rewriting of the dialectic of universality and differences in the bourgeois epoch, revealing in the relationship between the common and the universal a political gap at the heart of the universal itself.

Earned Citizenship

Author: Michael J. Sullivan

Publisher: Oxford University Press

Published: 2019-03-18

Total Pages: 288

ISBN-13: 0190918373

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The migration and settlement of 11 million unauthorized immigrants is among the leading political challenges facing the United States today. The majority of unauthorized immigrants in the U.S. have been here for more than five years, and are settling into American communities, working, forming families, and serving in the military, even though they may be detained and deported if they are discovered. An open question remains as to what to do about unauthorized immigrants who are already living in the United States. On one hand it is important that the government sends a message that future violations of immigration law will not be tolerated. On the other sits a deeper ethical dilemma that is the focus of this book: what do the state and citizens owe to unauthorized immigrants who have served their adopted country? Earned Citizenship argues that long-term unauthorized immigrant residents should be able to earn legalization and a pathway to citizenship through service in their adopted communities. Their service would act as restitution for immigration law violations. Military service in particular would merit naturalization in countries with a strong citizen-soldier tradition, including the United States. The book also considers the civic value of caregiving as a service to citizens and the country, contending that family immigration policies should be expanded to recognize the importance of caregiving duties for dependents. This argument is part of a broader project in political theory and public policy aimed at reconciling civic republicanism with a feminist ethic of care, and its emphasis on dependency work. As a whole, Earned Citizenship provides a non-humanitarian justification for legalizing unauthorized immigrants based on their contributions to citizens and institutions in their adopted nation.

Supporting Legal Capacity in Socio-Legal Context

Author: Mary Donnelly

Publisher: Bloomsbury Publishing

Published: 2022-03-10

Total Pages: 337

ISBN-13: 1509940359

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This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Framing the Subjects and Objects of Contemporary EU Law

Author: Samo Bardutzky

Publisher: Edward Elgar Publishing

Published: 2017-06-30

Total Pages: 352

ISBN-13: 1786435748

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This timely book invites the reader to explore the lexicon of ‘subjects’ and ‘objects’ of EU law as a platform from which several dilemmas and omissions of EU law can be researched. It includes a number of case studies from different fields of law that deploy this lexicon, structuring the contributions around three principal elements of EU law: its transformations, crises, and external-internal dynamics.

Equal Citizenship and Its Limits in EU Law

Author: Päivi Johanna Neuvonen

Publisher: Bloomsbury Publishing

Published: 2016-04-21

Total Pages: 232

ISBN-13: 1782258175

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The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden? is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conceptualises the relationship between the status of EU citizenship and EU citizens' fundamental right to equal treatment by asking what indicates the presence of agency in EU law. A thorough analysis of the case-law is used to support the argument that the present view of active citizenship in EU law fails to explain how EU citizens should be treated in relation to one another and what counts as 'related' for the purposes of equal treatment in a transnational context. In addressing these questions, the book responds to the increasing need to find a more substantive theory of justice for the European Union. The book suggests that a more balanced view of agency in the case of EU citizens can be based on the inherent connection between citizens' agency and their subjectivity. This analysis provides an integrated philosophical account of transnational equality by showing that a new source of 'meaningful relationships' for the purposes of equal treatment arises from recognizing and treating EU citizens as full subjects of EU law and European integration. The book makes a significant contribution to the existing scholarship on EU law, first, by demonstrating that the undefined nature of EU citizenship is fundamentally a question about transnational justice and not just about individual rights and, secondly, by introducing a framework within which the current normative indeterminacy of EU citizenship can be overcome.